TikTok is appealing to the US Supreme Court in a last-ditch effort to stop the forced sale or ban
TikTok has made a final appeal to the U.S. Supreme Court in a last-ditch effort to block the implementation of a new U.S. law that could force its Chinese parent company, ByteDance, to sell the popular video app or face a nationwide ban.
ByteDance and TikTok filed for an emergency restraining order with a judge on Monday, seeking a delay in the bailout order that was due to take effect on January 19. Without this release, the companies are warning that they will be forced to shut down TikTok’s operations in the US, reducing approximately 170 million American users from accessing the platform.
The controversial law, passed by Congress in April, aims to address what US officials call a national security threat posed by TikTok’s Chinese ownership. Authorities say the company’s wealth of American user data, including location information and private messages, and the platform’s ability to influence what content viewers see, could be used by foreign adversaries. The law forces ByteDance to split TikTok by a deadline or face stricter operating restrictions.
TikTok and ByteDance dismiss these security concerns, arguing that there is no imminent threat and that Americans should be free to continue using the app “with their eyes open” for any risks. They argue that the law violates the First Amendment to the US Constitution, as it restricts free speech by targeting a single forum. A lower court in Washington DC dismissed the arguments earlier this month, prompting the appeal to go to the Supreme Court.
The companies warn that even a temporary shutdown could be dangerous, causing the platform to lose about a third of its US users. They argue that the sudden shutdown will seriously undermine TikTok’s appeal to advertisers, content creators and employees.
In particular, president-elect Donald Trump, who once tried to block TikTok during his first term in 2020, has changed his stance and promised to maintain the platform since winning the latest election. He takes office on January 20—just one day after the ban goes into effect—which could open the door to a change in policy or new talks.
The mooted ban comes amid broader US-China tensions. In their filing, TikTok and ByteDance warn that, if the US government prevails, it could pave the way for future disruptions to other foreign-owned apps. A similar attempt by Trump in 2020 to shut down Tencent’s WeChat was blocked by US courts.
In addition to TikTok’s request, a group of American users also filed its own urgent request in the high court, highlighting the role of the application as a platform for important speech and demanding a higher level of legal scrutiny in any measure that restricts access.
Michael Hughes, a spokesman for TikTok, said the First Amendment “warrants careful consideration” in the case and that a hasty ban would seriously harm Americans’ freedom of speech.
The US Department of Justice maintains that the law protects national security and ultimately protects free speech by protecting personal data from foreign access. The White House has not commented on the high court request.
TikTok and ByteDance requested a high court ruling on January 6 to allow time, if necessary, to plan the complex US shutdown and coordinate with service providers. The outcome now rests with the judges as the clock ticks down to late January.
